The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The defendant has been punished by imprisonment with prison labor, etc. on several occasions due to the crime of damage to public goods and the crime of injury.

The crime of April 15, 2017 of this case was committed against a police officer who was dispatched to the site after receiving a report from 112 that the defendant scam on the road, and was sent to the site, and the crime was committed against the police officer, and the crime was committed against the following destruction of the patrol vehicle.

However, the Defendant recognized each of the crimes of this case and opposed thereto.

The Defendant agreed with the victim of damage to property, and also paid the patrol car repair expense.

The defendant does not want the punishment of the defendant in excess of the victim E excessive consent to insult and interfere with the performance of official duties.

In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as stated in each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime (a point of insult), Article 136(1) of the Criminal Act (a point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (a point of damaging goods for public use) and Article 366 of the Criminal Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes provided for in the crime of damage to goods for public use, the punishment of which is most severe, shall be aggravated);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Protection observation;